Patna High CourtCR. MISC./42625/2017allowed

Dhananjay Kumar Yadav And ORS v. State Of Bihar And ANR

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42625 of 2017 Arising Out of PS.Case No. -1839 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dhananjay Kumar Yadav, Son of Sri Ramchandra Prasad Yadav through its Director Maa Kali Civicon Corporation Pvt.Ltd. Resident of Rampur Tilak, P.S.-Kotwali, District-Purnea.

2. Ajay Kumar, Son of Sri Sikandra Prasad Yadav, through its Director Maa Kali Civicon Corporation Pvt.Ltd. Resident Near Rambagh College, Rambagh, P.S.-Kotwali, District-Purnea.

3. Sanjay Kumar, Son of Ram Chandra Prasad Yadav, through its Director Maa Kali Civicon Corporation Pvt.Ltd. Resident of Flat No.B-103, Jagmano Sri Garden, Vednagar, Rukunpura, P.S.-Shasti Nagar, Bailey Road, Patna. .... .... Petitioners

Versus

1. State of Bihar.

2. M/s Sri Krishna Sales having its office at 102, Narayan Plaza, Exhibition Road, P.S.- Gandhi Maidan, District-Patna through its authorized Manager Sri Pawan Deep Kumar Son of Shri Shiv Nandan Jaiswal Resident of Mato Khudi Lane, Mahendru, Patna. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406/120(B) of the Indian Penal Code and 138 of N.I. Act.

The parties were in business relationship. The complainant has supplied cement to the company of the petitioners and part payment was made by

Patna High Court Cr.Misc. No.42625 of 2017 (2) dt.21-09-2017 them and remaining amount was allegedly misappropriated.

Submission of the learned counsel for the petitioners is that in the past also there was dispute and same was compromised. The matter is of accounting. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna/successor Court in connection with Complaint Case No. 1839(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U